Showing Posts In "Canada" Category
Rental Credit Checks in Canada: Why Do You Need One? (2023)
Landlords and property managers in Canada are conducting rental credit checks to validate the creditworthiness of prospective tenants. This can involve checking consumer reports or cross-referencing names with renter score models to determine information like past payment history, how many other rentals the candidate has been in, and any violations of lease agreements. Rental credit […]
Managing Medical Marijuana in Safety-Sensitive Workplaces
Employers may be legally obligated to accommodate employees who use medically prescribed marijuana to treat a disability. They are not, however, required to automatically permit the use of marijuana in safety-sensitive positions. Labour arbitrators have argued that zero tolerance policies are unreasonable, but policies requiring disclosures are reasonable to evaluate safety risks.
Cannabis is Still a Hazy Workplace Issue in Canada, Years After Legalization
Employers have a responsibility to accommodate an employee’s disability, but when medical cannabis leads to impairment on the job, accommodation becomes more limited. Cannabis – even when medically prescribed – cannot be consumed in a manner that is unsafe or compromises the safety of others. But impairment is difficult to determine, so it is important […]
Employers Must Prepare for the Transformation of Quebec’s Privacy Regime
Quebec’s Act to modernize legislative provisions as regards the protection of personal information (Act) has been enacted. The Act’s provisions will become effective over a two-year period, from September 22, 2022, to September 22, 2024. There are several key changes relating to the obligations of employers and the rights of employees in Quebec.
Cannabis is Still a Hazy Workplace Issue, Years After Legalization
Although the use of non-medical cannabis in the workplace can be compared to the use of alcohol, the approach differs when the use of cannabis is for a medical purpose. An employer has a duty to accommodate an employee’s disability, but employees cannot claim the right to be impaired and create any risk at work. […]
Personal Information and Data Protection Tribunal: A Leap Forward?
On June 16, 2022, the Canadian government introduced Bill C-27, which introduced three Acts meant to modernize federal privacy laws. Learn more about The Personal Information and Data Protection Tribunal, which will have jurisdiction over all appeals regarding a decision following an inquiry, a compliance order, and the recommendation of administrative penalties for contravention of […]
Canada’s Federal Government Proposes Changes to Privacy Act
On June 16, 2022, the government of Canada tabled a bill that would make significant changes to privacy laws impacting employers in the federal jurisdiction. The new legislation, the Digital Charter Implementation Act (Bill C-27), would replace Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA). It would also create three pieces […]
British Columbia Exemption from The Controlled Drugs and Substances Act: Considerations for Employers
As of January 31, 2023, an exemption to the Controlled Drugs and Substances Act, S.C. 1996, c. 19 will allow adults in B.C. to possess small amounts of certain controlled substances without the risk of criminal charges. While this is unlikely to significantly disrupt the status quo respecting drugs and alcohol in the workplace, there […]
Canada Introduces New Federal Privacy and AI Legislation
Canada took a step toward updating its privacy regime, as Minister of Innovation, Science and Industry François-Philippe Champagne and Minister of Justice and Attorney General of Canada David Lametti introduced Bill C-27. The Digital Charter Implementation Act, 2022 features three pieces of legislation: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal […]
Provincial Criminal Court Record Searches [A Guide]
Frequently, the question arises on the suitability of Provincial court record checks to perform their corporate due diligence on new hires or existing employees, versus the Enhanced Criminal Record Check. There are many considerations to take into account when making a choice between the Enhanced Criminal Record search and the Provincial Court Record search. What […]
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